News & Analysis as of September 19, 2024

Misappropriation

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Follow this channel for advisories on one of the biggest threats to businesses today. Read a morning brief of fresh guidance and commentary by leading lawyers on security, privacy, risk... more +

Follow this channel for advisories on one of the biggest threats to businesses today. Read a morning brief of fresh guidance and commentary by leading lawyers on security, privacy, risk management, global regulations, data protection, leaks, hacking, cyber insurance, compliance, HIPAA, and every other aspect of cybersecurity of import to corporate readers right now. less -

Trade Secret Protection in Life Sciences: Strategies for Success

TransPerfect Legal on 4/26/2024

Late last month, the Association of Corporate Counsel (ACC) hosted a panel on Trade Secret Protection in Life Sciences: Strategies for Success. In today's rapidly evolving business environment, trade secrets are becoming...more

The Pros And Cons Of Protecting AI As Trade Secrets

Rothwell, Figg, Ernst & Manbeck, P.C. on 3/5/2024

Trade secrets have become a de facto intellectual property right for securing valuable artificial intelligence information. Despite regulatory trends toward greater transparency of AI models, federal policy acknowledges,...more

Jenner & Block Japan Newsletter - January 2024

Jenner & Block on 2/12/2024

Welcome to the January 2024 edition of the Jenner & Block Japan Newsletter, a publication containing updates about legal developments in the United States that may be noteworthy to our clients and other leaders in the...more

The FBI on Economic Espionage

Society of Corporate Compliance and Ethics... on 11/16/2023

Economic espionage sounds more like the stuff of a spy thriller than a day-to-day concern for business. Not so, as it turns out. To learn more we sat down with the FBI’s Counterintelligence Division Unit Chief Matthew Charles...more

New Federal Tools Can Help Private Sector Protect Trade Secrets From Cyberattacks – And May Soon Require Reporting

Fisher Phillips on 4/5/2021

Cybersecurity was undoubtably on the forefront of the agenda for many organizations in 2020 – and 2021 should be no different. The rapid shift to remote work over the past year has led to an increased number of cybersecurity...more

Steps Your Company Should Consider Now to Protect Value with a Wave of Trade Secret Litigation on the Horizon Due to COVID-19...

Mintz - Intellectual Property Viewpoints on 4/17/2020

The coronavirus pandemic has created profound changes to how many Americans do their work, with an outsized number now working from home. This arrangement, while necessary given social distancing requirements and the...more

Cyberspace Saves an Out-of-State Oil Company

Gray Reed on 9/5/2019

Can an email be directed to a particular state? No, said a Texas court in Enerquest Oil & Gas, LLC v. Antero Resources Corporation. The court questioned “the very premise of the contention that an email can be sent to a...more

Fiduciary Duties With Respect To Trade Secrets For Dual Or Multiple Directors

Seyfarth Shaw LLP on 12/13/2018

The purpose of this short paper is to ‘join the dots’ between a director’s fiduciary duties and especially a person holding dual or multiple directorships and trade secrets....more

How To Keep Your Company’s Trade Secret Protections From Being A Halloween Fright Night

Seyfarth Shaw LLP on 10/31/2018

Built into the definition of a trade secret is the requirement to have reasonable secrecy measures. Companies that do not use non-disclosure agreements with their employees can be at a tremendous disadvantage if they decide...more

New Types of Section 337 Investigations at the International Trade Commission

Foley & Lardner LLP on 7/2/2018

Most Section 337 investigations allege violations of intellectual property (“IP”) based rights involving patent, registered trademark, or registered copyright infringement (“statutory IP claims”). In such cases, the...more

Keep Quiet and Carry On under the EU Trade Secrets Directive

Bracewell LLP on 6/27/2016

Much as the recent U.S. Defend Trade Secrets Act establishes uniform federal trade secrets protections across the states, the EU Trade Secrets Directive (the “Directive”) harmonizes similar protections across its Member...more

Amendment to Federal Criminal Procedural Rule Could Impact Trade Secret Cases

Orrick - Trade Secrets Group on 5/20/2016

Much attention, including here at Trade Secrets Watch, has been focused in recent weeks on the Defend Trade Secret Act (“DTSA”), which overwhelmingly passed both houses of Congress in April and was signed into law by...more

Trans-Pacific Partnership Agreement Features Key Developments in Intellectual Property and Information Technology

King & Spalding on 10/8/2015

On October 5, the 12 Trans-Pacific Partnership (“TPP”) countries announced that they had resolved all remaining issues and reached a final agreement on the long-anticipated regional free-trade agreement. As King & Spalding...more

U.S. Considers Sanctions Against China For Cyber Hacking And Trade Secret Misappropriation

Orrick - Trade Secrets Group on 9/8/2015

You may have missed it this past weekend, but reports indicate the United States is considering sanctioning Chinese companies and individuals who have benefited from their government’s alleged cyber hacking of U.S. trade...more

Executive Order Creates Cybersecurity Sanctions Framework

WilmerHale on 4/3/2015

On April 1, 2015, President Obama issued an Executive Order authorizing the imposition of sanctions against designated individuals or entities found to be engaged in malicious cyber activity, including various forms of...more

It’s Not Just For Patents Anymore: Using The ITC To Combat Theft Of Trade Secrets

Orrick - Trade Secrets Group on 6/12/2013

Trade secret theft knows no borders in an age of cybertheft and global corporate espionage....more

The Real Lesson of Chinese Cyberhacking

Orrick - Trade Secrets Group on 5/1/2013

There’s been a lot of news lately about the Chinese military allegedly launching cyber attacks to steal U.S. trade secrets. This has gotten people riled up, including the President of the United States, who issued a 5-point...more

Obama Administration Solicits Public Help in Preventing Foreign Trade Secret Theft

McDonnell Boehnen Hulbert & Berghoff LLP on 3/22/2013

On Tuesday, the U.S. Intellectual Property Enforcement Coordinator, Victoria Espinel, published a notice in the Federal Register "requesting any recommendations for legislative changes that would enhance enforcement against,...more

Obama Administration Reports on Efforts to Prevent Trade Secret Misappropriation

McDonnell Boehnen Hulbert & Berghoff LLP on 2/26/2013

The Obama Administration issued a Report earlier this month, entitled "Administration Strategy on Mitigating the Theft of U.S. Trade Secrets," that sets forth its efforts to prevent trade secret misappropriation. The Report...more

IP Alert: White House Launches Effort to Curb Trade Secret Misappropriation

Orrick, Herrington & Sutcliffe LLP on 2/22/2013

On February 20, 2013, the White House issued a report outlining a new plan to combat trade secret theft from U.S. businesses. Faced with the escalating theft of U.S. trade secrets and noting “the crucial role of trade...more

Second Circuit Rules U.S. Court Has Personal Jurisdiction over Foreign Employee Who Allegedly Misappropriated Trade Secrets...

Wilson Sonsini Goodrich & Rosati on 1/11/2013

Last month, a federal appeals court issued a ruling permitting an employer in Connecticut to pursue a claim against a former employee who allegedly misappropriated the employer's confidential information from outside the...more

Effective Data-Use Policies Can Have “Far-Reaching” Benefits in Cracking Down on Employee Cyber Theft

Cohen & Gresser LLP on 1/9/2013

In a decision that could make it easier for U.S. companies to enforce claims against employees who commit cyber theft from remote locations, including from beyond U.S. borders, the Second Circuit breathed life into a...more

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